In Belgium

Joint ownership (indivision / onverdeeldheid) is the situation where two or more persons own the same property without their shares being physically separated. Each joint owner holds an abstract share (e.g. 1/3) of the whole property, not a specific portion.

Joint ownership commonly arises from:

  • Inheritance: siblings inherit a house and share it equally
  • Joint purchase: a couple (married or not) buys a property together
  • Donation: a property is donated to multiple beneficiaries

How it works

Decision-making. Major decisions (sale, lease, renovation) require the agreement of all joint owners. This can create gridlock if co-owners disagree.

Right to partition. A fundamental principle of Belgian law: no one can be forced to remain in joint ownership. Any joint owner can request partition at any time — either amicable (negotiated sale or buyout) or judicial (court-ordered sale).

Taxation. Each joint owner declares their share of the cadastral income in their personal tax return. Property tax is usually sent to one owner but owed proportionally by all.

i
Good to know
Joint ownership is often considered an unstable legal situation. To avoid partition disputes, joint owners can sign a convention of indivision (maximum 5 years, renewable) committing them to maintain the joint ownership. Alternatively, they can transfer the property to a property company.

Practical example

Three siblings inherit their parents’ house in Liege, each holding 1/3. Two want to sell; one wants to keep the house. After failed negotiations, the two siblings request judicial partition. The court orders a public sale. The house sells for 240,000 EUR. Each sibling receives 80,000 EUR minus sale costs.